G.NAGAPPAN Vs. KALAISELVAM

JUDGEMENT

(1.) THIS appeal is directed against the order of the learned single Judge on the Original Side dismissing application No. 5800 of 1991, which was one for revoking the probate granted in O.P. No. 621 of 1990 with reference to the will dated 1-12-1989 said to have been executed by one Saraswathi Ammal. The order under appeal suffers from two errors apparent on the face of the record. In paragraph 5 of the order, the learned Judge has said:

(2.) NO doubt, the respondent had filed a counter-affidavit disputing the status of the appellant herein. But that is a dispute which has to be decided elsewhere. For the present, the question is whether the appellant has disclosed his relationship with the deceased Saraswathi. That, he has done and the learned Judge is wrong in thinking that he has not done so.

(3.) CONSEQUENTLY , it follows that the order of the learned Judge under appeal is unsustainable. In the normal course, we would have set aside the same and remanded the matter for fresh disposal. But having regard to the fact that the application for revocation is of the year 1991 and the original preceding for grant of probate is of the year 1990, we do not purpose to remit the matter for fresh disposal but we will proceed to consider the merits of Application No. 5300 of 1991 on the basis of the records available.